A02245 Summary:

BILL NO    A02245 

SAME AS    Same as S 1462

SPONSOR    Schroeder

COSPNSR    

MLTSPNSR   

Amd S120.00, Pen L

Provides that a person commits the crime of assault in the third degree, a
class A misdemeanor, when he or she strikes person whom he/she knows, or
reasonably should know, to be a police or peace officer while the officer is
engaged in the course of performing his or her official duties.

A02245 Actions:

BILL NO    A02245 

01/15/2009 referred to codes
01/06/2010 referred to codes

A02245 Votes:

A02245 Memo:

 BILL NUMBER:  A2245

 TITLE OF BILL :  An act to amend the penal law, in relation to
assault upon a police or peace officer


 SUMMARY OF PROVISIONS : Amends Section 120.00 of the Penal Law to add
a person is guilty of assault in the third degree when he or she
strikes a person whom he or she knows or reasonably should know to be
a police officer or a peace officer engaged in the course of
performing his or her office duties.

 JUSTIFICATION :  Currently, under present statute, a police officer
has no protection from simple assaults. In order for a person to be
charged with assault against a police officer, the officer must
receive physical injury. This injury, as defined under Section 120.00
of the Penal Law, must be an impairment of physical condition or
substantial pain. A person inflicting such injury upon a law
enforcement official can then be charged with Assault in the Second
Degree. However, a person who simply strikes an officer, or otherwise
causes a minor amount of pain or discomfort cannot be charged. This
addition would allow a greater degree of protection for our law
enforcement personnel.

Furthermore, this change in the law would allow greater flexibility in
prosecution of assault cases. This would result in faster disposition
of cases involving these attacks.

 LEGISLATIVE HISTORY : 2008: Passed Senate

 FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE : November 1st following enactment.